Jacinto Zamora and Antone Zamora, by and Through His Guardian Ad Litem, Cynthia Cooper v. George T. Hart

958 F.2d 380 NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel. Jacinto ZAMORA and Antone Zamora, by and through his guardian ad litem, Cynthia Cooper, Plaintiffs-Appellants, v. George T. HART, et. al., Defendants-Appellees. No. 91-15109. United States Court of Appeals, Ninth Circuit. Argued and Submitted Feb. 14, 1992. Decided March 23, 1992. Before SCHROEDER, REINHARDT and KLEINFELD, Circuit Judges. 1 MEMORANDUM * 2 The plaintiff's decedent, Jacinto Clark Zamora, was shot to death in his home by the police. In seeking redress, the plaintiffs filed two lawsuits. One, under 42 U.S.C. § 1983 , was filed in federal court and alleged: (1) the police officers entered Zamora's house without a warrant or legal justification; (2) the officers attempted to arrest Zamora without probable cause or legal justification; (3) the officers used unlawful and excessive force without provocation or legal cause. The other was filed in state court and sought redress for battery based on the…